Disposed¶30

Prof. Sachin Maheshwari v. Netaji Subhas University of Technology and Ors.

Delhi HC13 Feb 2026W.P.(C)/601/2019

Case brief

AI extract

What is this about?

W.P.(C) 601/2019, High Court of Delhi, decision 13.02.2026; Prof. Sachin Maheshwari v. Netaji Subhas University of Technology and Ors.; quo warranto writ under Article 226 of the Constitution; challenge to appointment of Prof. Jai Prakash Saini (Respondent 2) as first Vice-Chancellor by order dated 26.09.2018 and taking on strength by order dated 15.11.2018; clause 4(3) of Department of Training & Technical Education notification dated 30.11.2018; writ infructuous upon completion of Respondent 2's tenure; prayers (i)-(ii) cannot survive, prayer (iii) academic; no adjudication on merits; writ petition disposed of.

What did the court decide?

Prayers (i) and (ii) of the writ petition cannot survive for consideration, as Respondent 2 is no longer holding any office with the Respondent 1 University. ¶23

Prof. Sachin Maheshwari Vs Netaji Subhas University… — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether the order dated 26.09.2018 appointing Respondent 2 as Vice-Chancellor and the order dated 15.11.2018 taking him on the Respondent 1 University's strength were ultra vires and unconstitutional (prayers (i) and (ii)). +2 more

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Court's answer

Prayers (i) and (ii) of the writ petition cannot survive for consideration, as Respondent 2 is no longer holding any office with the Respondent 1 University.

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Ratio / Principle

A writ of quo warranto challenges the right of a person to continue holding a public office.

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Key takeaways

Once the person is no longer holding a public office, no occasion arises for the Court to issue any writ of quo warranto.ratio¶24
With prayers (i) and (ii) not surviving for consideration, prayer (iii) is rendered academic.ratio¶25
The Court sees no occasion to adjudicate on the merits of the writ petition, which has become infructuous with the completion of Respondent 2's tenure as Vice-Chancellor with the Respondent 1 University.ratio

Detailed headnote1 paragraphs

W.P.(C) 601/2019, High Court of Delhi (C. Hari Shankar and Om Prakash Shukla JJ.), oral order dated 13.02.2026: The petition of Prof. Sachin Maheshwari sought quashing of (i) the order dated 26.09.2018 appointing Prof. Jai Prakash Saini as first Vice-Chancellor of Netaji Subhas University of Technology, (ii) the order dated 15.11.2018 taking him on the University's strength, and (iii) clause 4(3) of the Department of Training & Technical Education notification dated 30.11.2018 (published 04.12.2018), all as ultra vires and unconstitutional, pursued as a writ of quo warranto under Article 226 of the Constitution. On respondent counsel's submission that Respondent 2's tenure had ended, the Court held that prayers (i) and (ii) cannot survive once Respondent 2 holds no office with the University; that no occasion arises for a quo warranto writ against a person no longer holding the public office; and that prayer (iii) is thereby rendered academic. Declining adjudication on the merits as the petition had become infructuous, the Court disposed of the writ petition accordingly.

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$~1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 601/2019

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PROF. SACHIN MAHESHWARI .....Petitioner

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Through: Mr. R. Tarkeshwar Nath and Mr. Harshit Singh, Advs.

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versus

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NETAJI SUBHAS UNIVERSITY OF TECHNOLOGY AND ORS. .....Respondents Through: Ms. Avnish Ahlawat, SC NSUT, Mr. Nitesh Kumar Singh, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advs. for R-1 and 4 Mr. Puneet Rathi, Adv. for R-2

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CORAM:

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HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

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ORDER (ORAL)

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% 13.02.2026

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C. HARI SHANKAR, J.

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1. The prayer clause in this writ petition reads as under:

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“(i) Quash and set aside the order dated 26.09.2018 appointing Prof. Jai Prakash Saini as the first Vice- Chancellor of the Netaji Subhas University of Technology Department being ultravirus and unconstitutional.

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(ii) Quash and set aside the order dated 15.11.2018 issued by Netaji Subhas University of Technology taking Professor J. P. Saini as Vice-Chancellor on its strength.

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(iii) Quash and set aside clause 4 (3) of the notification dated 30.11.2018 issued by Department of Training & Technical Education, Govt. of Delhi and published 04.12.2018 being

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Signature Not Verified

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Signed By:GUNN W.P.(C) 601/2019 Signing Date:18.02.2026 17:13:31

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ultravirus and unconstitutional.”

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2. Ms. Aliza, learned Counsel for Respondents 1 and 4 submits that tenure of Respondent 2, whose appointment forms subject matter of challenge in this writ petition has come to an end and he is no longer with Respondent 1 University.

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3. Prayer (i) in this petition challenges the order appointing Respondent 2 as Vice-Chancellor and prayer (ii) challenges the order taking him on its strength.

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4. Neither of these prayers can survive for consideration once Respondent 2 is no longer holding any office with the Respondent 1 University.

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5. Moreover, this writ petition has been filed under Article 226 of the Constitution. The writ that the petitioner seeks is essentially one of quo warranto . A writ of quo warranto challenges the right of a person to continue holding a public office. Once the person is no longer holding a public office, no occasion arises for the Court to issue any writ of quo warranto .

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6. Once prayers (i) and (ii) of the writ petition do not survive for consideration, prayer (iii) is rendered academic.

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7. We, therefore, do not see any occasion for us to adjudicate on the merits of this writ petition which, to our mind, has become infructuous with the completion of the tenure of Respondent 2 as Signature Not Verified

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Signed By:GUNN W.P.(C) 601/2019 Signing Date:18.02.2026 17:13:31

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Vice-Chancellor with the Respondent 1 University.

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8. The writ petition is accordingly disposed of in the aforesaid terms.

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C. HARI SHANKAR, J.

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OM PRAKASH SHUKLA, J.